Content Participant Third-Party-Beneficiary Rights Sample Clauses

Content Participant Third-Party-Beneficiary Rights. For so long as Content Participant is an Eligible AV Content Participant, it shall be a third-party beneficiary of each Adopter Agreement (Content Participant, together with any one (or more) other Fellow AV Content Participant(s) that is (or are) Eligible AV Content Participant(s) under its (or their) respective Content Participant Agreement(s), “AV Content Participant Beneficiaries”), and, as such, shall be entitled to bring a claim or action to enforce such rights against an Adopter as are specified in such Adopter’s Adopter Agreement (such claim or action, together with any third-party-beneficiary claim brought by any other AV Content Participant Beneficiary, an “AV Content Participant Beneficiary Claim”), and to have such remedies as are set forth in such Adopter Agreement in accordance with the procedures set forth in Exhibit A, with respect to such Adopter’s implementation of DTCP in any product that is capable of receiving or transmitting data in a format in which Content Participant has made Eligible Content available. Exercise of Content Participant’s third-party-beneficiary rights under any Adopter Agreement shall not constitute an election against any statutory or other extra- contractual remedy or other relief against an Adopter which may be available to Content Participant for the same act which gave rise to the AV Content Participant Beneficiary Claim.
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Content Participant Third-Party-Beneficiary Rights. For so long as Content Participant is an Eligible Content Participant, it shall be a third party beneficiary of each Adopter Agreement and shall be entitled to bring a claim or action to enforce rights against an Adopter (other than an Adopter in its capacity as a Licensed Content Producer), (together with any third party beneficiary claim brought by any Fellow Content Participant, a “Content Participant Beneficiary Claim”), in accordance with the third party beneficiary provisions set out in Section 10.5 of this Interim Agreement and the applicable Adopter Agreement, with respect to Adopter’s compliance with its obligations under its Adopter Agreement. 3.3.1 Prior to bringing any Third Party Beneficiary Claim hereunder, an Eligible Content Participant must (i) send notice of breach to Adopter, with a copy to AACS LA, which notice shall trigger the cure period and conditions of the applicable Adopter Agreement equivalent to those set forth in Section 7.1.3 of the Attached Adopter Agreement as if such notice were sent by AACS LA, or (ii) in those situations that are uncurable under such provisions or fall under the provisions of such Adopter Agreement equivalent to Section 9.3(i) or (ii) of the Attached Adopter Agreement, send notice to AACS LA that such Eligible Content Participant is bringing such Third Party Beneficiary claim. 3.3.2 If Adopter fails to cure a breach of the applicable Adopter Agreement following notice from Eligible Content Participant as provided under 3.3.1(i) above, or is not entitled to notice or opportunity to cure as set forth in Section 3.3.1(ii) above, the Eligible Content Participant’s rights will be limited to seeking injunctive relief with respect to: (i) the offer for sale, distribution or other transfer of Licensed Components other than in accordance with such Adopter Agreement, including without limitation the provisions corresponding to Section 2.3 of the Attached Adopter Agreement; (ii) the manufacture, distribution, commercial use and sale of Adopter’s implementations of the AACS Technology that are in breach of any obligations under such Adopter Agreement to comply with the Compliance Rules; and (iii) any disclosure of Confidential Information that could adversely affect the integrity of the AACS Technology or the security of Digital Entertainment Content owned or controlled by Content Participant (items (i) through (iii) referred to herein as “the Prohibited Actions”).
Sample 1
Content Participant Third-Party-Beneficiary Rights. At any time during the term of this Agreement, provided that Content Participant is then an Eligible Content Participant, Content Participant shall, together with any one or more other Eligible Content Participants, be a third-party beneficiary of each Adopter Agreement (Content Participant, together with such Eligible Content Participant, “Content Participant Beneficiaries”), and, as such, shall be entitled to bring a claim or action, in accordance with the procedures set forth in Exhibit A hereto, to enforce such rights against a Licensee and/or its Subsidiaries as are specified in the applicable Adopter Agreement (such claim or action, together with any third-party-beneficiary claim brought by any other Content Participant Beneficiary, a “Content Participant Beneficiary Claim”), and to have such remedies as are set forth in such Adopter Agreement, with respect to such Licensee’s and/or its Subsidiaries’ implementation of MG-R(SVR) for EMPR in any product. If an Eligible Content Participant is the prevailing party in any action brought under this Section 3.3, such Eligible Content Participant shall additionally be entitled to an award of certain attorneys’ fees, as specified in the applicable Adopter Agreement. Exercise of Content Participant’s third-party-beneficiary rights under any Adopter Agreement shall not constitute an election against any statutory or other extra-contractual remedy or other relief against a Licensee and/or its Subsidiaries that may be available to Content Participant for the same act which gave rise to the Content Participant Beneficiary Claim.
Sample 1

Related to Content Participant Third-Party-Beneficiary Rights

  • Third Party Beneficiary Rights The parties do not intend to create in any other individual or entity the status of third party beneficiary and this Contract shall not be construed so as to create such status. The rights, duties and obligations contained in this Contract shall operate only between the parties to this Contract, and shall inure solely to the benefit of the parties to this Contract. The provisions of this Contract are intended only to assist the parties in determining and performing their obligations under this Contract. The parties to this Contract intend and expressly agree that only parties signatory to this Contract shall have any legal or equitable right to seek to enforce this Contract, to seek any remedy arising out of a party's performance or failure to perform any term or condition of this contract, or to bring an action for the breach of this Contract.

  • No Third Party Beneficiary Rights Nothing in this Agreement shall be construed as creating third-party beneficiary rights in any person or entity, except as otherwise expressly provided in this Agreement.

  • Absence of Third Party Beneficiary Rights No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, affiliate, shareholder, partner of any party hereto or any other person or entity unless specifically provided otherwise herein, and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement.

  • No Third Party Beneficiary The terms and provisions of this Agreement are intended solely for the benefit of each party hereto and their respective successors or permitted assigns, and it is not the intention of the parties to confer third-party beneficiary rights upon any other Person.

  • Third Party Beneficiary The Owner Trustee is a third-party beneficiary to this Agreement and is entitled to the rights and benefits hereunder and may enforce the provisions hereof as if it were a party hereto.

  • Beneficiary Rights If the Traditional IRA Owner dies before his or her entire interest is distributed to him or her, the entire remaining interest will be distributed as follows.

  • Xx Third Party Beneficiaries The terms and provisions of this Agreement are intended solely for the benefit of the Parties and their respective successors or permitted assigns, and it is not the intention of the Parties to confer third-party beneficiary rights upon any other Person.

  • 8No Third-Party Beneficiaries This Agreement will not be construed to create any obligation by either ICANN or Registry Operator to any non-party to this Agreement, including any registrar or registered name holder.

  • No Third Party Benefit This Agreement is intended for the exclusive benefit of the Constituent Corporations and their respective heirs, successors and assigns, and nothing contained in this Agreement shall be construed as creating any rights or benefits in or to any third party.

  • No Third Party Beneficiaries This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other person.

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